Terms of use - Phaidra - University of Montenegro

Phaidra – User Design and Terms of Use

A) Phaidra User Design

I. General Approach to the User Design

The functions of Phaidra generally address three levels: Administrator, Owning User and Anonymous User level. The regular operation of Phaidra is optimized and augmented by two more user-optimized levels, specifically the Super User and the Instructed User level.
The extent of the privileges of a user depends on what level he/she is operating.
All users except anonymous users are subject to the Terms of Use (see: Terms of Use).

II. Administrators, Owning Users and Anonymous Users

The Administrator has unlimited access rights, such as reading, manipulation, modification and writing rights to all objects stored in Phaidra and can grant rights as a supervisor.
Owning Users have only unrestricted access rights, such as reading, manipulation, modification and writing rights, to their own uploaded objects.
Anonymous Users only have reading rights which fall between those rights granted to third parties by users for uploading relevant media objects and the access option selected by users.


III. The Super User Level

The Super User level allows individual units of the university, such as service bodies, institutes and others to individually manage their digital objects in Phaidra by one or more Super Users and the Instructed Users assigned to them.
Super Users are to be selected by the leader of each unit and these are to be declared to the Phaidra Administration. Super Users will be familiarized with the system via training courses and will be given full access, reading, manipulation, modification and writing rights. Through this step, the Super User will be authorized to independently and comprehensively manage stored objects in Phaidra as well objects to be stored by each unit. The Super User must adhere to the instructions of the head of each unit. The activity of the Super User is to be monitored by the head. Changes of objects of Owning Users by Super Users or Instructed Users requires the prior consent of Owning Users. The Super User privileges may be partially granted to other employees of each organizational unit, and said employees may be entrusted with the partial management of objects. This requires the approval of the head of each unit. 
Instructed Users follow the instructions of the Super Users and are led by the head of each unit. The Super User ensures that subordinate Instructed Users are trained in the features of Phaidra and the Super User also supervises the activities of the Instructed Users. 
The head of each unit ensures that the Super Users as well as the Instructed Users are familiar with the Phaidra User Concept and that these users adhere to the Terms of Use of Phaidra, in particular that they only access objects assigned to each respective unit and that they act in accordance with their work assignment.

B) Phaidra - Terms of Use

Terms of Use for the uploading and storing of objects, works and information on Phaidra

I. Service Description

Phaidra is a Digital Asset Management System at the University of Vienna (ISP) that facilitates the digital storage, management and long-term archiving of media objects, especially graphics, text, video and audio files for research, teaching and science. Media objects can be uploaded by users who are logged-in. This is solely a voluntary process. The service provider offers users no-cost capacity for storing media objects on a server connected to the internet and is intended for obtaining data and to correct the volatility of data. The service operates without any guarantee of availability and duration and can be adjusted if there is an important reason to do so.  In the event of cessation of service, the service provider is obliged to maintain media objects transmitted to him to the best of his ability, and upon request, to provide a digital copy to the individual user who originally uploaded such objects. The uploaded media objects may be accessed and used by all Phaidra visitors within the context of the third party rights (license) issued by the user/to the user when loading such media objects and within the context of the access option (personal access, group or public access) chosen by the user.
The user may request that the service provider delete or remove uploaded media objects only when the user has a significant reason for such request. 

II. Validity

Logging in requires that the user possess a mailbox or a u:net account from the University of Vienna. By logging in with the mailbox or u:net account, the user accept of the validity of these terms of service for all users who upload objects, information and works. These terms are valid as long as the service provider exists, and the terms of use are modified by said service provider. The service provider reserves the right to modify terms at any time. The service provider will provide notification on this site of modifications made. 


III. Data Collection, Processing and Utilization

The user supplies personal data (stock data: last name, first name, date of birth, address) to the the service provider when setting up a mailbox or u:net account. The user assures that this data is accurate, current and complete, and revocably agrees to the collection, processing and use of this data by the service provider, as long as the purpose the collection, processing and use of this data is contained in the usage agreement. Users have the right to access, revision, deletion and blocking of their personal data.
To the extent that the E-Commerce Act (ECA) can be applied to this service, the service provider must inform the user that he/she as the service provider may be obligated, under section 18 of the ECA referring to the decree of a domestic statutory authority to this court, to submit any and all information to said court, by means of which it can facilitate investigations in the case of users of this service regarding the prevention, investigation, detection and/or prosecution of criminal acts. The E-Commerce Act facilitates the possible submission of the names and addresses of the users of this service to the administrative authority decreed through this act, wherein knowledge of such information is essential to the exercise of the authority delegated by this act to complete such relevant tasks, including fulfilling the request for the name and address of a user of this service by a third party, provided that there exists an overriding legal interest to establish the identity of a user and to ascertain possibly illegal facts, and also to demonstrate that the knowledge of this information necessitates said legal disclosure.
With respect to the employees of the University of Vienna, specifications of company agreements are not affected by this act.

IV. Exclusion of Liability of the Service Provider for Foreign Objects and Information

The media objects and information stored and supplied by the service provider, as well as linked websites do not originate from the service provider. This provider stores and makes them available only upon order of the user. This provider does not make said media objects and information their own and remains distanced from their specific design regarding the content of such. As long as the user is not subordinate to the service provider nor is supervised by the service provider, the service provider is not responsible for the objects supplied by the user and assumes no liability for other content or activities of the user. 

V. No Monitoring of Foreign Media Objects and Information

The service provider does not examine, check nor monitor media objects and information either before or after he has saved and made such accessible online. The service provider does not conduct individual research in any circumstances to determine illegal activity. If the service provider witnesses actual knowledge of any illegal activity or information or media objects on their website, or the service provider becomes aware of circumstances concerning which unlawful activity or information or the illegality of a media object is obvious, he is entitled to easily and immediately remove such and to block access to such. Similarly, the service provider is authorized to delete or remove media objects and data that would damage the service database.

VI. Responsibility of Users to Legal Conduct

The user insures that he/she will conduct himself/herself in a legal manner while using the services of the service provider, in particular will not infract any unlawful act including copyright violations and privacy violations, and will not publish any discriminatory, extremist nor any pornographic media objects or information.
 
The user agrees to make available to the provider any and all objects asserted by third parties to be illegal (due to negligence or willful misconduct) that were supplied to the service provider by the user, in order to substantiate such claims.
With respect to the employees of the University of Vienna, the company contracts and agreements and employee liability law remain unaffected.

VII. Exploitation Rights

The user insures that he/she owns the distribution rights of the media items uploaded by him/her, and is entitled to grant the following rights of use to the serviceprovider, or that he/she is entitled under a statutory provision to upload the media object in question.
Insofar as the access option selected by the user for implementation described in Section 1 of the Terms of Use is required, as well as is the license selected by the user when making the uploaded media objects available, the user grants the service provider the royalty-free, non-exclusive, time-unlimited and location-unlimited right to use the user's media object in part or in its entirety any number of times, in particular to publish, reproduce, distribute, transmit, archive, publish by wire or wirelessly, edit, to make particular changes to the media object deemed necessary for technical reasons or on account of long-term archiving requirements. In the same way, the user grants the service provider those rights which may arise from future technological development or amendment by legislation.
The user agrees to keep the service provider free from any and all possible liability and/or damage that may arise should third parties make a claim holding the user at fault (negligently or intentionally) of copyright or other type of infringement related to downloaded media objects. With respect to the employees of the University of Vienna, the employment agreement and the employee liability law remain unaffected.

VIII. Cookies / Log Files / Help Desk

The Phaidra software sets a temporary session cookie for each page visit which is then deleted when the user/reader closes the browser.
The service provider displays web server log files at each site visit. Log files are used by the system administration of the service provider exclusively for error analysis and optimization of the system.
The service provider reserves the right to document the content and progress of the inquiries addressed to the helpdesk in order to optimize the service. For employees of the University of Vienna, the provisions contained in the employment agreements remain unaffected.
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